Uniting to create technology partnerships
There is no doubt councils are masters at partnering with
communities and a huge amount of effort goes into harnessing
community voices. Councils should utilise this innate
'partnering' capability to deliver better operational
outcomes for themselves (24 April 2019).
More...
Megacities the new 'global economic
engines'
Australia needs to embrace urban density if the nation and
its cities are to thrive, and boosting the population to 60 million
could turn the country into an economic powerhouse, a population
forum has heard (23 April 2019).
More...
Loophole used to install digital billboards
The upgrade of 1860 payphones across Sydney, Melbourne,
Brisbane and Adelaide are causing Councils concerns. In March the
City of Melbourne refused 81 development applications by JCDecaux
to upgrade Telstra payphones including new 75 inch (190cm) digital
advertising screens (18 April 2019).
More...
Queensland's property developer donation ban is
valid
The High Court has ruled Queensland laws banning property
developers from donating to political parties and candidates are
valid. The Palaszczuk Labor government passed laws last year,
backdated until before the 2017 Queensland election, banning
property developers from donating money to state and local
government politicians, candidates and parties (17 April 2019).
More...
NSW
Tamworth in energy-cutting smart city trial
Tamworth Council will head up Australia's first fully
integrated IoT smart city trial, using utility-monitoring
technology with potentially "endless" benefits to lower
the cost of energy (26 April 2019).
More...
'This changes everything': System displays new
DAs in real-time
The public will now be able to view a development
application less than a day after it is lodged with a local
council, rather than having to wait six to 18 months. The
government has been trialling a new online tool called ePlanning,
which requires homeowners and developers to submit DAs online (22
April 2019).
More...
Attacks on council rangers 'widespread'
A series of violent attacks on council parking officers in
western Sydney has sparked calls for tougher penalties, with
council saying the latest incident is symptomatic of an
industry-wide problem (18 April 2019).
More...
Brothers who claimed 'exemption' from law fined
$100,000 for contempt
Two brothers linked to a fringe Islamic group in Sydney
have been convicted of contempt of court and fined more than
$100,000 after claiming they were "exempt" from
Australian law. Mustapha Kara-Ali, described as the Imam or
spiritual leader of fringe Islamic group Diwan Al Dawla, told the
court it was "religiously repugnant and obscene" to be
ordered by Hawkesbury City Council to do or not do anything on the
land, as it related to "a matter of religious practice"
(18 April 2019).
More...
Victoria
East Gippsland Shire Council
East Gippsland Shire Council has designed a prototype for
e-waste storage and collection, designed by the council's waste
team in response to the impending ban on e-waste being disposed of
to landfill from Monday 1 July (26 April 2019). More...
Rates review announced for Victorian councils
The ability of Victoria's councils to charge rates
that reflect local factors will be considered as part of a wider
review of the local government rating system. Local Government
minister Adem Somyurek says an independent panel will conduct the
$112 million review, designed to ensure Victoria's 79 councils
"are held accountable to ratepayers" (18 April 2019).
More...
Power to the people: Community-owned renewable energy
turned on
A people-powered revolution is taking place in north-east
Victoria with the region's first community-led energy network
going live (14 April 2019).
More...
In Practice and Courts
NGA Early bird registrations
Don't miss the early bird registration discount for
this year's National General Assembly of Local Government
(NGA), which will be held from 16 to 19 June in
Canberra. Early bird registrations are set to close on 10 May.
More...
NSW
ICAC Discussion Paper: Enhancing the democratic role of
direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse). The discussion
paper is appended to an introductory paper,
The regulation of lobbying access and influence in NSW: a chance to
have your say, which also explains how to make a submission.
The closing date for consultation is 24 May 2019.
More...
IPART: Indexation of local infrastructure contribution
rates
IPART is seeking stakeholder views on how councils should
index contribution rates between the adoption of a local
infrastructure contributions plan, and the revision of the
contributions plan. In particular, we are seeking feedback on
different approaches to indexing contribution rates to account for
changing land costs.
More...
Developer contributions plans – IPART fact
sheet
The fact sheet explains how IPART proposes to assess
whether local roads should be included in developer contributions
plans and whether the apportionment of the road costs is
reasonable. It's an issue that's relevant to all councils
preparing contributions plans for IPART assessment, as well as
developers and other stakeholders. Download the fact sheet from the
IPART website (26 April 2019).
Community Participation Plan updated FAQs
The Environmental Planning and Assessment Act
1979 has been updated to make community participation central
to the planning system. Supporting this objective is a new measure
requiring all public authorities that have planning functions under
the EP&A Act, including councils, to develop community
participation plan (CPP). CPPs must be finalised
and published on the ePlanning portal by 1 December 2019. The link
to the FAQs is
here.
Reminder: Environmental Planning & Assessment Act
updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. There will be a number of other
changes that will involve further design and consultation from mid
to late 2018 outlined.
Queensland
CCC: Current Prosecutions
The Crime and Corruption Commission (CCC)
has determined it is in the public interest to advise it has not
identified any corrupt conduct relating to the Gold Coast City
Council's (GCCC) decision to lease
council-owned land at Bundall known as Black Swan Lake to the Gold
Coast Turf Club and the decision to approve a development on the
site.
More...
Queensland Councillor social media community
guideline
This social media community guideline contains the
moderation rules for a councillor to post or link to on their
social media sites. It aims to strike a balance between ensuring
councillors use of social media is appropriate and open to
positive, negative, or neutral electorate feedback, while also
supporting councillors to protect themselves against unacceptable
online behaviour (April 2019).
More...
Safer Buildings combustible cladding checklist ticks
over to Part 2
The Part 1 deadline elapsed on 29 March 2019, with some
buildings required to continue to Part 2. Buildings that need
further assessment following the conclusion of Part 1 will have
until 29 May 2019 to file a building industry professional report
to the QBCC.
More...
Final consultation - Draft approved forms and templates
for new plumbing reforms
The Department of Housing and Public Works has launched
the final stage of public consultation on the new plumbing law
reforms, including the draft approved forms which must be used by
industry and local government from 1 July 2019 under the
Plumbing and Drainage Act 2018 and the Plumbing and
Drainage Regulation 2019 (17 April 2019).
More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA).
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. For further information on the Yeronga
PDA. More...
LGAQ reminder: Have your say energy pricing
proposals
Have your say on regulatory proposals submitted by Ergon
Energy and Energex. The AER invites interested parties to make
submissions on Energex's regulatory proposal by the close of
business on 16 May 2019.
More...
The Premier's Outback Events Program: Funding rounds
2019
Each application must be for unique submissions and events
must be delivered on or before 31 December 2020. The deadline for
round one application is 1 April 2019, with applicants notified in
May 2019. More...
Cases
Darebin City Council [2019] FWCA
2587
Fair Work Act 2009 s.185—Enterprise
agreement
Application for approval of the Darebin City Council Enterprise
Agreement 2018 - 2022.
Spence v State of Queensland
[2019] HCATrans 80
KIEFEL CJ: This special case was heard in Canberra on
12, 13, 14 and 15 March 2019 by a Court constituted by Justices
Bell, Gageler, Keane, Nettle, Gordon, Edelman and me. By majority,
the Court orders that the questions raised by the special case be
answered as follows:
Are the amendments made to the Electoral Act 1992 (Qld) by
part 3 of the Local Government Electoral (Implementing Stage 1
of Belcarra) and Other Legislation Amendment Act
2018 (Qld) invalid (in whole or in part and, if in part, to
what extent) because they impermissibly burden the implied freedom
of political communication on governmental and political matters,
contrary to the Commonwealth Constitution? Answer: No.
Loulach Developments Pty Ltd v Roads and Maritime
Services [2019] NSWSC 438
1. Judgment for the defendant.
LIMITATION PERIODS – negligence – when causes of action
first accrued – developer incurred material wasted expense,
but only sued for lost profit – wasted expense incurred more
than six years before proceedings commenced, at time when profit
was prospective – significance of plaintiff confining claim
to lost profits – significance of interest sought to be
protected by common law – cause of action on first
representation statute barred – defendant failed to establish
plaintiff incurred material loss from second representation prior
to six years before proceedings commenced – cause of action
on second representation not statute-barred.
NEGLIGENCE – duty – novel duty of care – pure
economic loss to developer from negligent misstatement by statutory
authority to council – significance of assumption of
responsibility, reliance and vulnerability – whether duty
inconsistent with or sat ill with statutory obligations applicable
to authority – no duty found in relation to second
representation.
NEGLIGENCE – duty – scope of duty – first
representation made directly by statutory authority to developer
– whether representation went beyond question asked –
whether representation outside scope of duty of care – first
representation within scope of duty of care.
NEGLIGENCE – breach – whether at time representations
were made there was extant proposal to widen or realign road
– significance of historical documents – significance
of failure to give testimonial evidence – significance of
concession that proposal had at some stage been abandoned –
breach made out.
NEGLIGENCE – causation – whether developer had
established it would have acted differently had there been no
breach – causation not established.
NEGLIGENCE – special statutory power – whether
statutory authority was exercising special statutory power when
responding to council – Civil Liability Act 2002
(NSW) s 43A considered – s 43A inapplicable.
NSW
FLDC Architects v City of Canada Bay
Council [2019] NSWLEC 1188
DEVELOPMENT APPLICATION: child care facility –
visual impact – overdevelopment.
Office of Environment and Heritage v Scenic NSW Pty
Ltd [2019] NSWCATAP 87
PRACTICE AND PROCEDURE – joinder- where 3rd
parties object to government agency disclosing information under
Government Information (Public Access) Act 2009 –
where 3rd parties not parties to first instance decision on
jurisdiction – whether applicant for access appealed from
first instance decision – whether 3rd parties should be
joined to the appeal proceedings.
Tanous v Hunter's Hill Council
[2019] NSWLEC 1175
DEVELOPMENT APPLICATION: landscaped area and height
non-compliance – cl 4.6 written request for variation –
character – bulk and scale – driveway access.
Coronation (33 Shepherd St) Pty Ltd v Liverpool City
Council [2019] NSWLEC 1170
DEVELOPMENT APPLICATION: apartment design guide
– residential apartment development – design excellence
– Liverpool city centre.
IPM Holdings Pty Ltd v Inner West Council
[2019] NSWLEC 1182
DEVELOPMENT APPLICATION: shop top housing development
– whether the proposed development is compatible with the
desired future character of the area – whether clause 4.4A of
Leichhardt LEP 2013 applies – overlooking and overshadowing
impacts.
Sixto Properties Pty Ltd v Waverley
Council [2019] NSWLEC 1171
DEVELOPMENT APPLICATION: new attached dual
occupancies – Torrens title subdivision – variation to
minimum lot size – variation to floor space ratio –
planning experts agree development warrants approval – appeal
upheld.
Aloke Holdings Pty Ltd v Council of the City of
Sydney [2019] NSWLEC 1177
DEVELOPMENT APPLICATION: New terraces proposed in the
rear of a listed heritage item – whether the proposed
terraces will have an adverse impact on the heritage significance
of the item – whether the internal and street setbacks are
acceptable – amenity impacts – whether the development
exhibits design excellence.
Elanor Investors Limited v Sydney Zoo Pty
Limited [2019] NSWLEC 1173
CIVIL PROCEDURE: Notices to Produce and Subpoenas
– application to set aside.
Maham Group Pty Ltd v Blacktown City
Council [2019] NSWLEC 1168
DEVELOPMENT APPLICATION: oarding house; breach of LEP
height control – whether cl 4.6 written request required
– isolated site – consideration of local character
– design excellence – requirements of a Plan of
Management – waste requirements – gradient of basement
ramp – disputed conditions.
Georges River Council v Stojanovski (No
2) [2019] NSWLEC 53
CONTEMPT: Disobedience of the Court's orders that
certain works carried out without necessary consent be
demolished.
Saffioti v Kiama Municipal Council
[2019] NSWLEC 57
APPEAL – appeal against Commissioner's
decision on questions of law – development application to
enlarge, expand or intensify existing use – proposal to erect
new dwelling and decommission existing dwelling – significant
adverse impact on terrestrial biodiversity – uncertainty and
inconsistency in applicant's evidence – applicant
requested Commissioner give amber light – Commissioner did
not give amber light and refused development consent –
whether denial of procedural fairness by not giving amber light
– Commissioner found development breached DCP controls
– whether denial of procedural fairness by not giving
opportunity to provide alternative solutions to achieve objects of
controls – LEP provision setting factual preconditions before
consent can be granted – whether LEP provision derogated from
incorporated provisions for existing use – whether
misdirection as to derogation test – whether conflation of
LEP provisions and DCP controls – error on question of law
not established.
Hawkesbury City Council v Kara-Ali (No 3)
[2019] NSWLEC 55
CONTEMPT: Disobedience of a series of Court orders
– eventual pleas of guilty – contempt found to be
contumacious – purging acknowledged by the Court –
principle of totality – indemnity costs.
Muswellbrook Shire Council v Hunter Valley Energy Coal
Pty Ltd (No 4) [2019] NSWLEC 56
COSTS – applicant unsuccessful in judicial
review proceedings – whether proceedings brought in the
public interest – whether departure from usual costs rule
justified – applicant ordered to pay the costs of the first
and second respondents.
Weber v Greater Hume Shire Council
[2019] NSWCA 74
TORTS — negligence — duty of care —
duty of care owed by operator of waste disposal tip — escape
of fire – whether class to whom duty owed indeterminate TORTS
— negligence — standard of care — whether Council
exercising special statutory power under Civil Liability Act
2002 (NSW), s 43A TORTS — negligence — breach of
duty — whether adequate precautions taken to prevent escape
of fire – allocation of resources by local council —
application of Civil Liability Act, s 42 — whether
inaction of local council unreasonable — whether financial
resources available to take precautions TORTS — negligence
— causation — where multiple possible causes of fire
— whether probable causes arising from breaches of duty were
sufficient to establish causation — whether precautions would
have prevented damage to the plaintiff.
Queensland
Alderton v Fraser Coast Regional Council
[2019] QIRC 58
INDUSTRIAL LAW – Legal Representation –
Leave granted
Industrial Relations Act 2016 Qld s 530.
Legislation
Queensland
Subordinate legislation as made – 26 April
2019
No 57
Rural and Regional Adjustment (Commonwealth Scheme – North
and Far North Queensland Flood Disaster) Amendment Regulation
2019
No 59
Planning (Minor Changes of Use) Amendment Regulation 2019
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
